The New York Herald Newspaper, February 9, 1877, Page 8

Suit Against Nichols of Connecticut Divorce Suit Fame. HIS WIFE'S BILL FOR DRY GOODS. The Money Expended by General Sickles in Baising the Excelsior Brigade. TRICKS AND MANNERS OF WALL STREET It seems that the colebrated divorce suit brought by his wife in Connecticut is not the only suit which Mr. W. B. Nichols iscalied upon to defend on his wife's accoun! Im the Marine Court yesterday, before Judge Sinnott and a jury, there came on for triala suit brought by the firm of Lord & Taylor, of this city, against Mr, Nichols to recover $147 80 for dry goods sold to Mrs. Nichols, While a recess has been taken in the divorce suit the parties scem to be keep- ing themselves familiar with jurisprudence in partici- pating in more modest proceedings in this city. It is, perhaps, superfluous to repeat here that Mrs. Nichols “f= dark cyod, intelligent and attractive, and ber spouse bears tho indicia of a keen abd diligent business man, who likes to ~ know when and where his money g¢ Accompany- ing Mrs. Nichols in court was her daughter Lizzie, of about fftecn, and whose yachting dress formoa a purt of the subject of the litigation. It appears that in the arly part of tho year 1875 Mrs, Nichols had an ac- tount at Lord & Taylor’s, and ran up tho bill on which suit was brought. This was a short time before she made her place vacant in her husband’s household, Atter sho bad gone and their domestic difficulties as- sumed the form of open legal warfare, Mr. Nichols re- fused to pay, on the ground that the bill was con- tracted without bisconsent and that the goods were Bot necessary for his wilo’s use. Hia defence to the present suit was tho same, he insisting that he had iven bis wife sufficient money and paid bills sufficient for all mecesxaries for herseil and children, and that she had no need to incur this indebtedness, Mra. Nichols was produced as a witness on behalf of the plaintiffs, and testitied tbat the goods were necessary for the use of herscit and children; that her bus- band had knowledge that the goods bad been pbtained, and made no particular objection; that during six mopths in the yours 1874 and 1875 the did not receive more than $100 trom bim for slothing for herself and children; that at the sane hime he claimed to have $500,000 in his business, and ‘hat bis property was worth $250,000, and what she bad purchased, she thougbt, was uot inconsistent with the wants of herself and children and his means and condition in life, she added thaton several occasions sne bad bundles of goous sent to her trom other dry goods stores which ho ordered back. uc of these was & bill of stockings amounting to about $5, from Arnold, Uonstable & Co., and he met the boy und ordered them returned, Mrs. Nichols did not explain what style or material these intercepted stockings were, whether cotion. wool or silk, modern zebras or more apcient and substantial Balbriggans, but trom her manner it was evident there were tears in the hourts if not in the eyes of tho females of that house- bold when the boy and his bundle receded from their door, While Mrs. Nichols was on the witness stund sounsel for Mr. Nichois made repeated efforts to get from her some ot the details of tho divorce ease in Connecticut, with a view, he said, to show a bitter Animosity on ber part toward her busvand, out, with the exceftion of the fuct that a divorce suit was pend ing, the Judge ruled out all testimony on this point, taying he did not propose to admit ‘scandal into the case, Thus anything pew on that point, if indeed any- \bing new could be told, was shut of from the eager ears of those presont in court The second man on the jury was Edward L. Schlessinger. This may have been his first effort as a juror, for he did not seem much over twenty-one, was curly- beaded, oily and rotund as Dickens’ fat bv but much more wide awake, He seemed to kuow all about the tase Jrom the beginning, and rolled uneasily in bis chair at each repeated effort of detendant’s counsel to get in testimony which the Court was disposed to ex- clude. When counsel wanted to get at the lacts of the divorce caye tor the purpose of showing animosity on the part of Mrs. Nichols, the tat boy’s patience became extausted, and, glaucing hastily from Court to coun- sol and back uguin, he suid, ‘*1’d like to know what ber animosity lias'to do with his responsibility ?” This question and the manner in which it was ropounded vulsed the whole court with juugbter, wh was ouly subdued by the Judge’s’ gave:, while the more aged and discreet foreman nudged bis youthful companion To restrain his ardor, later ja the trial wheo, coun- sci for Mr. Nichols got on the point as to whether bis Ccheut bad supplied his wife so liberally as to make these purchases unnecessary, the fat boy gzain woke up to putaquestion. “May T be aliowed,” he said, “to awk whether, even it le had supplied’ ber avun- dantly, it makes avy difference in bis responsibility?” ++] will answer that question by and by,” said Judge Sinnott, as ho looked beniguly on the fat boy, and the audience again smiled audibly. Her daughter Lizzie corroborsted Mrs. Nichols as to Mr. Nichois having seen a new dress op her made out of materials pur- chased at Lord & Taylor's, having asked her where it was purchased, and, being iuiormed, made no objec: tion, Mr. Nichols testified that for some time prior to and subsequent to the purchase of the goods 10 suit, ho had been accustomed to allow his wile about $200 a month to dress her-elf and children, and had vouchers showing that within a period of about six months of leat time he bad paid as much as $1,000 on bills ot tuat character. He denied that be bad stateu to lis wife that he had $500,000 in his business and that bis property was worth half that sum, and asserted that At twat time his property was not worth more than $41, Upon this state of affairs he considered the Dill'in suit unnecessary avd unauthorized. The evidence was at last concluded, and counsel on both sides were clearing their throats for an address to the jury, when Judgo Sinnott suddenly concluded ‘he proceodiugs by announcing his intention to direct & verdict tor tho plaintiffs. A verdict was accordingly directly for $164 0s. So they said all, and the tat bov romptly arose, stretched nimselt and smiled approv- ingly, at the sane time informing the clerk that bo thought the jurors ought to buve the extra allowance instead of the lawyers. This is said to be but one out of thirty or forty similar suits witch Sr, Nichols has been cailed upon to defend, promising a lively litigious prospect for bim in the future as weil as in the past. MALE AND FEMALE CONSPIRATORS. ‘There bas beon deposited with the Sheriff of this county orders of arrest against Henry A. Frost and Margaret M. Krekeler, in a suit for conspiracy and Malicious prosecution brought mgainst them by Henry W. Thaule, in which the latter seeks to recover $10,000 damages. These orders will not be difficult of execu- tion so far as tho male defendant is concerned, as ho has long been an inmate of Ludlow Street Jail and in the custody of the Sheriff, Frost has been regarded fs one of the curiosities, if not mysteries, of the legal profession in this city. The suits to which he has been personally a party have been numerous, and that in which he bas been hitherto imprisoned was brought against him to recover about $7,000, which he is al- jeged to have fradulently converted to his own use, ‘The circumstances out of which the prosent euit has grown seem to bear the same hue of doubtful personal and proiessional integrity. In the month of April, 1874, the co-defendant of Frost appeared be- fore Police Jusiico Morgan, Frost accompanying as ber counsel and adviser, and made a charge against the plaintut of having teloniousiy stvlen a certain war- fauty ueed, purporting to have been executed and acknowledged by bimsel! on the 9th of August, 1870, 1o Maria Stoddard, to convey to ker the property No. 614 Bast Eleventh street, and also a certain deed from ia Stoadard to Margaret M. Kvekeler, who made the somplaint, ‘ho arrest was mace between nine and ten o'clock at night, and no justice being accessible at that bour, plaintiff! was compelled to remain in tho Station Louse until the forenoon of the following day, won be was brought beivro a mogisirate, waiving an mination, gave bail in $2, i dd his client still pursued the matter a against Thaule by the Grand Jury. As soon as tho facts of age were accessible to the District Attorney, became plain to that officer that would hot sustain = & — conviction and not warrant an indictment, and he immediately entered a nollie prorequi. When that complaint was made by Margaret M. Krekeler plaintut. im the present suit alloges she well knew tnat, mstead ot taken by him Judge Stemmier, for inspection; that she went. with ‘rm (plaintitl) to the lawyer's office, and with her con- they were detained there about three days, and 6 ‘that they were then returned to Mrs. Krekeler. This buppened years before she made her criminal well knew: inst him before Judge Morgan, and Frost cuted by the plaintiff, but that the aced purporting to at a her to plaintiff's lawyer, the inte had never been knowingly exe- be uit to Maria Stoddard was obtuined trom bim (i by his aoe) fraud and misrepresen- tation, a the said Frost, bad beon iniormed and had beard the plaintiff and the deiendant Krekolor | tostity vo substantially all the foregoing facts and cir eum: ‘attending the taking 01 the deeds to plain- i's jawyer months belore the criminal prosecusion was be Phat taking Was what had been charged | ial offence, and at the Wme the prosecution won coun Feet Well knew that such clarge was un- founded, false and untrae, aud tat such charge was promoted by the dants ag the result of a con- Bpiracy entered into tho defendants ww injure the aint io his person, On abe leelings, The plainu® tarther charges, ay an aggravanon of his Wrongs, that the fact of bie and the which it was made were pu Various papersin the oity of New York through the procurement of the detenuauts, By means of sth charge and prosecutic be.was injured in bis person and character aud pr having committed the thett of the deeds, they were | Large on | When he both the defendants well knew thi man of large ing bim in jail over hour of inte che Be re pin purpose, as he asserts, of degrading him njaring lis reputation and person, For all these ui deserved and unjustifiable injuries to his person and character, sustaiued by him, as be insists, through Ludiow Street Jati. Frost ia the same attorney that bas been m joned mm the proceedings relating to the property of the Countess Heimrueth, and who, in com- pany with Marley’s ghost, seems still to bover over her unsatisfactory irs. GENERAL SICKLES SUED. Clayton Belknap has brought a sult in tho Court of Common Pleas against General Daniel E. Sickios to recover $1,000 loaned in June, 1861, to General Sickles by A. A. Beiknap. Genoral Sickles says in his answer that the money was not loaned to him individually, but given as a personal, patriotic contribution to the government of the United States toward the organiza- tion, support and equipment of a brigade of volunteers in the service of the government to suppress the Rebellion, in the completion of which military organ- ization he was then constantly engaged, and in which a brother of the plaintiff and a gon ol A. A, Belknap held commissions the timo and had a deep interest ip its succes: further, that he dia not intend minself personally responsible for such debt. As a {tirther defence to the action, ho alleges that the assignor of the plaintiff made the advances in the interests ot his son, then an officer in the Excelsior brigade, and not with intent to promote his individual interests, but as an advance to the government, trom whicb he expected a ropayment: of the sev sums of money so advanced by him; that shortly afterward Congress appropriated $20,000,000 for the payment of expenses attending the enlistment and organization of volunteer troops, in- cluding the brigade commanded by him (General Sickles); that officers duly appointed received and dited the claims of citizens who had made ad- nees in aid of such organization and paid tho same, i that if Mr. Belknap did not collect bis claim it was solely by reason of bis own negligence in failing to present his claim, General Sickles further avers has never promised to pay the claim, and finally avers that the claim, 11 due, is outlawed. A motion was made before Judge J. F, ly, in the Special Term of the Court of Common 8, $0 strike out certain portions of the answer as rebundant, Judge Daly yesterday denied this motion except as to one portion where the legal verbiage was evidently a SaEP aaNet but allowing the spirit of the answer to remain, WALL STREET IN COURT. ‘The suit of Walter J. Averill against Webster & Demott, involving Wall street operations, came on for trial yesterday before Judge Van Brunt in the Supreme Court, The defendants are- bankers and brokers, and plaintiff, while admitting the fact of having dealt, through their firmin various stocks from October, 1872, to May, 1873, founded his complaint upon an ac- count rendered by defendants to him at the close of the year 1872, while defendants show a continuation of the count during the remaining two months. Tho plainsiff accepts such items as show a protit to him, but repudiates an item of 100 shares of Pacific Mai! Jants claim that it which were sold at a loss, The de! was practically irnpossible to sell the Pacific shares at planuf’s limited and fixed price of 69, as the stock made but an cphemeral pause upon a.rebound at that figure. Sevoral of the leading members of the Stock Exchange were called to show the difficulty of certainly making a salo uncer such circumstances, and the methods of conducting business at the Stock Exchange were iliastr: to the jury, so that if there huppened to be an artist among them he would have no difficulty in making Bpista e of that scene of profit and Joss. Mr. D. ¥, Rank insisted, on the part of the plaintiff, that right is on his side in the floancial con- troversy, while Messrs. Jerome Buck and Sterne Chit- tenden were equally zealous and contident tn asserting a simular claim on behalf of the defendants. 1t will be for a jury to determine whether the case 1s ono of great expectations on the part of the plainufl, or of negli- gence on the part of defendants, A STOCK BROKER'S ASSETS. Tho particulars of a suit brought by John Foley against Charles L, Rathborne havo already been pub- lished in the Hzrato. The defendant, who isacom- mission stock broker, at No, 4 Exchange court, has been examined !n supplementary proccedings as to his property. The following is a portion of on, giving an account of his assel bonds, stocks or mortgages; I have a watch; gold one, worth $50; I evo jewelry that amounts to anything; Lbave a scarfpip, a seal ring 1 now wear and a plain gold ring; I have no Interest in any estate, or in the property of any ancestor, or in any leg 3 Judge Barrett yesterday granted a motion to set aside the summons in the suit, but with leave to renew on proper papers. SUMMARY OF LAW OASES. Jobn B, Green has brought a suit against the city for $50,000, claimed for laying a pipe on Madison avenue. Jadge Barrett yesterday, on motion, ordered the plaintiff to turmsh a bill of particalars, “ In the suit of Patrick Corcoran, as guardian, against the New York and Hudson River Railroad Company, which was brought before Judge Van Hoesen, im the Court of Common Pleas, to recover damages for injur- jes sustained by James Corcoran, who was run over by | one of the defendants’ cars, the jury yesterday gave a | verdict for $2,000 for the plaintifl, | an order was granted yestorday by Judge Barrett, | directing that the names of Richard P. Terlune and Samccl E. Olmstead be inserted as trustees tn the suit of George F. Coc and othors against the Now Jcrsey and Midiand Katlroad Company. John Hanlon, a citizen of the Eighth ward, was taken before United States Commissioner Shields yosterday ona charge ot passing a counterfeit ten dollar bill on Mrs, Mary Flynn, No. 85 Charlton streot, He was committed in defauit of $500 bail, B. H. Thurston, a restaurant keeper, of No, 11 Chatham street, was arrested yesterday on a charge of passing a counterfeit ten dollar bill on Frank Hogan, a varkeeper at Crook’s Hotel. Thurston was taken betore Commissioner Shields for examination, Ho was held in default of $500 bail. In the suit brought by Thomas Clark, Sr., against the Cen ark, North and East River Rati Com- puny to recover $15,000 damages for injuries sustained, the facts of which were published in yesterday | Henan, the jury yesterday, before Judge Larremore, | gave a verdict tor $1,500 for the plaintiff. Judge Freedman, of the Superior Court, was busily occupied yesterday in the tria! of a suit’ brought by the Farmers and Mechanics jonal Bank of Bul- falo against Krastas 8. Brown and another, \o recover money advanced on a cargo of wheat, In tbo extradition case of tho alleged Belgian forgers, Vandervelpen and hs wife, charged with forging @ post obit for 500,0001., with intent to de- fraud the estote or heirs of Baron D’Ecosse, in Bel- gium, the examination, which was informally set down for yesterday, Was postponed until to-morrow, Timothy Lyons, by guardian, has brought a suit against Edward ©, Richards to recover $10,000 dam- ages tor injuries sustained by falling through delen ant’s grating at No. 90 Third avenue, The trial of the case Was commenced yesterday, before Judge Larre- more, in the Court of Common Pleas, The defence is a general denial, ease Rich, at present in Ludlow Street Ji ing the result of extradition proceedin; against him, was yesterday brought up betore United Staces Commissioner White. Rich is charged with assaulting school girls under bis tuition while he wi teacher of @ school in the district of Monthelierd, in France. He stated he was unable to employ counsel, and the Commissioner assigned bim counsel, who was furnished with @ copy of the, testimony in the Case. The examination was then adjourned till next week. Covet Justice Curtis, who has been holding Part 3, Superior Court, Trial’ Torm, had thirty-five cases on his calendar yesterday, In every caso the lawyers answered ‘‘Not ready.’’ Somewhat discouraged, but not despairing, Judge Curtis sent to the other trial terms for causes, but nocase could be found. Tne lawye' re entirely to blame, as thus will be seon, for the law’s delays, , ike other landlords,’ evidently have some troable in collecting rents from their tenants, William Astor has gued Adolph L, Sanger for $1,200, claimed to be due for rent of No. 209 Wost. Forty-third street, Tho defence is neglect to put the house in proper repair, Motion was mado yesterday on’ behalt of detendunt, before Judge Barrett, to bave tho case tried at Special Term, the plaintiff desiring to have it Judge Barrett took the | put on the short calendar, | papers. Zachariah E. Simmons has brought a suit against Charles H. Murray to revover $15,000, which, as he alloges, was paid vo Charles T, Howard, through de- fendant’s order to Henry Colton, on account of a claim | which Colton had against Murray jointly with Howard | and John A. Morris. He claims that the movey be- Jonged to him and that Murray promised to pay lim, | Judge Robiason, yesterday, in the Court of Common Pleas, denied a motion tor a bill of particulara, | Some time since Messrs, Rogers & Kdwards obtained a jndgment against James k. Wall tor $682 27, which has over beon paid. It is claimed that Mr, Wall made # fraudulent transfer of No, 14 Carmine street to | his wile, and sabsequently No, 99 Crosby street, bought 1m exchange tor the Carmine property, in iraud of fis creditors. A suit has becn brought against Mr. | and Mrs, Wall’ to sot asita such transicr. The ease | came to, trial yesterday before Judge Van Vorst, at | Special Term ‘ot the Supreme Court, Mrs. Wall claims that the property was boagnt with ner own | money, such Money having been iaue in the Lieb and | oystcr basimess. She says surther thet her husband | abandoned her some three of tour yeurs | Phere was quite a loog argument ye | Judge Barrett 1p Sapreme Court, Ch COMMINUINE aN InJENEtiON jBrH Joseph T. Howland age a | 4 doin the oof t George W. Curtis, Bot ou 1 | verdict of guilty of shooting wi parties own country seats at Long Branch, on opposiie sides of the outlet from Green’s Pond tato tho ocean. ‘The plaintiff claims that the defendant: onbis ind and tbrough shortening the outlet to his for the t and thereby caused tnjul planntit ir. Jobn Sherwood in ition. Privcipal point discussed was ag to the jurisdiction of this court, the property being P although the parties ieside in this city. some conflict, too, as to the facts of the Barrett took the rs and reserved bis decistot In the old divorce suit of Rosenstein vs, Rosensteia, the full particulars of which havo been uly published in the Heraup, there was Judge Rolinson yesterd: an Special Term of the Court of Common Pleas a motion for the substitution of attorney. The counsel whose re is sought to be filled by another is charged with negligence, Judge Robinson took the papers, Ephraim Holland, who was arrested on Wednesday last by Deputy Marshal Crowley, charged with inciting anumber of persons to traudulent voting at the late Presidential election in Cincinnati, was Temeeeay brought belore Judge Blatchford. A bench warrant had been for some time in the hans of the officer for bis arrest, but Holland successfally eluded bis captor, only falling into his grasp when he was off bis guard. 42 application was made to t! urt for a warrant of removal. This Judge Biatchiord gran and Holland was taken in charge of officers, to bo delivered to the United States authorities at Cincinnatt, Tho executors of the Leckey estat the Board of Education to recovel estate in Thirty-seventh sirect, n I ps Second avenue, now covered by # portion of a ward school, The land was purchased from the execujors of tho Leckey estate in 1852, R. J. Dillon, at that time Corporation Coun- sel, advised that the title to the ground was not good, but the school trustees went it blind and bought it Judgment was dirocted for the plaintiffs for the pos- session of the land, but Jus Donobue, upon the au- thority of the decision In the suit of Maximilian against the city and other cases, held that there could be no recovery for mesne profits against either the city or Board of Education. Mr. Theodore F. Sanxay appeared for tbe plaintiff and Assistant Corporation Counsel Stet- son for tue city, DECISIONS, SUPREME COUBT—CHAMBERS, By Judge Barrett. Rowe vs. Borneo.—Causo restored. ‘Aldrich vs, Riblet.—The order cannot be granted until proof of service. Grimin vs, Chase and Storey vs. Charles.—Stays granted. . Walter vs. Gorbam.—Motion granted for the 23d inst. Durack vs, Van Volkenburgh.—Granted for third Friday. Matter of Paton.—3Motion granted and referee ap- inted, ‘The Homeopathic Mutual Life Insuranco Company vs, Hayes, —Report confirmed and order granted. The Gorman Savings Bunk vs McGown, Nos 1 and 2.—Tho motions are granted as the rule only applies to a reforence to sell. Striebeck vs." Striebeck.—Report confirmed and judgment of divorce granted. Goodman va. Ackcrmau.—The proof of service is detective, but as 11 seems to be consented to tho piaiD- uit may take his order. Mellen vs. Greeman; Greene vs, The Mayor, &c.; ‘The Tenth National Bank vs. Tho Bank of the New York National Banking Association, and Mickel vs. Scherey.—Motions grantod, Ethiott vs. The Westchester Fire Insurance Com- pean After a conlerence with Br, Justice Donohue, think the stay should be vacated, but without preju- dice to an application at the trial ior a postponement until the decision of the Goneral Term. Foley Rathbone.—Motion to set aside summons granted, with $10 costs, but without prejudice on pay- meut of such costs to an application to the Court on proper papers and tor good cause shown for leave to ro- examine the witness. ‘Simpson vs. Beni and 1t seems to me ‘Tho issue 1s one of paymen after such a lapse of time an ‘considering the doubt as to whether the money has been received in such a manner as to warrant pro- ceedings of this nature, The question of facts should be passed upon by a ‘The petitioner should, 1 think, be compelled io rtto an action under all the circumstances and the present motion denied with- out costs, SUPREME COURT—SPECIAL TEBM, By Judge Barrett. Duryes vs. Ackerman.—Fiudings sigoed, SUPERIOR COURT-—SPECIAL TERM, By Judge Sedgwick. Duer et al. vs. Shaler ct al—Ordor that lis pendens be cancelled against certain defendants, Borland ve. Tho Mercantile Mutual Insurance Com- pany. —Interrogatories settled, By Juugo Speir. * Schreyer vs. Dettinger et Urder settled, By Chief Judge Curtis. Spader vs, Now York Elevated Railway Company.— Complaint dismissed. Opinion. Fearn va. King,—Uase settled, COMMON PLEAS—-SPECIAL TEBM, By Judge J. F. Daly. Belknap vs, Seckles.. lotion granted as to fourth subdivision of answer and denied as to the residue, No costs. By Judgo Robinson. Auger vs. Conklin.—Order granted as amended, Matter of Garvey.—Order appointing commission, Matter of Treat.—Order granted. MARINE COURT—CHAMBERS, By Judge McAdam, Engler vs. Bayer; Hyutt vs. King; Schwarz vs. Op- pold; Franchi vs. Zauzi; Brooks vs. Conner.—Upinions tiled. O'Grady vs. Fearick.—Procoedings dismissed, In re Backerack.—Stay granted conditionally. Underwood vs, Buller; Cutler va. Fisber; Gurdon vs, Frazor.—Motions granted, McReynolds vs. Hoyt—Judement for plaintif® on demurrer. * Coffee vs. The Mayor, &c.; Newman vs. Dallter.— Discontiuances allowed; no costs. Brown vs. Ubase,—Judgment for plaintiff. Harris vs. Harris.—Order settled. Garson vs. Katzenstein.—A. Tausig appointed re- ceiver. South vs. Thompson; Collins vs. Anthony.—Stay granted conditionally. Gars vs, Helmer.—Motion to resettle denied, avg vs. Kremka; Metzger v. Lowry.—Defaults noted. Raynor vs. Pease; Smith vs. Babcock; Dexheim vs. Ulrich; Strothe vs, Cook; Gerloch vs. Galland vs. Stringfield; Keller vs. Rose; Blake vs. Patterson; Stellmacher Davis.—-Orders granted. Williams vs. Connolly; Linders vs. Laymap.—Bonds approved. GENERAL SESSIONS—PART L Before Recorder Hackett A MEAN ROBBER. A lad named John Kane, sixteen years of age, of No, 86 Centro street, upon leaving the Elm street school was accosted by a man sixty yoars of age, named Peter Quinn, of No, 87 Mulberry street, who induced the boy to accompany him toan alleyway in the vicinity of Washington Market, Ho threatened his victim, whom he compelled urrender his overcoat. The prisoner was subsequently arrested and arraigned for robbery. In the course of t yesterday he said that ho was so much intoxicated he did not know what he was doing. The jury found him guilty of grand larceny from the person, and in passing sentence Recorder Hackett intimated tbat drunkenness was no excuse whatever for the commission of crime. The great majority of prisoners arraigned bolore bim generally pleaded intemperanee in extenuation of their offences, Dut it could not be so regarded. Tho prisonor was sent to the State Prison for three years and six months, A BATCH OF BURGLARIES, John McNulty, eighteen yearsot age, broke into the kitctien of No, 92 Cherry street, but was somewhat dumbfounded in finding nothing but Bridget O’Day’s books, with which he decamped. He was afterward arrested, and yesterday pleaded guilty, He was sent to tho Penitentiary for five years. ‘ William Parker, of No. 23 Hestor street, wis charged ‘with attempting to break into the tailoring establish- ment of James Haslitt, of No, 2 Eighth street, on 10th of January last. He pleaded guilty and was tenced to one year’s imprisonment in the Penitentiary. ‘aylor, with one Seymour Smith, hired the basement at No, 169 Hud: astrect, on the 25th of January last. Shortly alter they disappeared, whon it was discovered that they had broken open the door leading to the front basement and stolen property to the amount of $80 belonging to C. H. Bartlett, Joso- phine pleaded guilty and was sent to the Penitentiary for eightecn months, John Johnson, of No. 71 Forsyth street, pleaded guilty to the charge of stealing a gold watch ata chain, the iat of Martin Grasnam, of No, 69 avenue C, on the 12th of January Jast in company with a confed- joie He was senienced to one year in the Peniten- jary. Robert Read, on the 4th inst., stole $3 04 from Pat- rick Lynch, with whom he roon He was givon two years and six months in State Prison, GENERAL SESSIONS—PART 2 Belore Judge Sutheriand, e ROWDYIEM PUNISHED. On the evening of the last election Edward Rooney became engaged in a quarrel with ono John Whelan at tho corner of Fortieth street and Second avenue, James Boylan, of No, 221 Thirty-eighth street, inter- fered and separated them. Rooney, who was very much intoxicated, then crossed to the opposite sidé of the street and entered a stable. Boylan waited for him outside and on making fis appesrance tired two shots at him, both of which took effect, one in tho leg and the other in the abdomen, Rooney was se- verely wounded and was conveved to Bellevuo Hospi- tal in bis defence the prisoner ciaimed that Rooney | entered the stable jor the purpose of procuring a knife, having previously made u threat, end that when he encounterod him le was apprehensive that Rooney ‘was about t tab him, It was shown, however, that the complainant had not a kuite inh the time of the occurrence. Assist ney Lyon appeared for the prosecutiou aud Mr. Mott Jor the prisover, ‘The trial occupied all ot Wednesday and yesterday, Juage Sutherl, who, alter an absence 0! & FA ‘a deadly weapou with intent todo bodily harm. Lhe J ntenced tim tu the State Prisou fur the term of five years ut hard Jabor, \ JUSTICE TO THIEVES. On the mght of the 2d inst. Detective Murphy. of the Kighth pree , Dovced a negro named Joon Will, mams, of 128 Lee ard stroct, lurking about in a sus | } vicious manner and arrested him. On searching him at the station house a act of billard balls, acigar holder and other articles were found in bis possession. It was juently ascertained that the | store of Franets T! No. 96 been broken into and robbed of these articles. The prisoner, wbo is well known to the police, pleaded guilty, and ‘Was sent to the State Prison for two years, james Thompson, aged sixteen, of No, 9 Waters | cosegrs guilty to the charge of attempting to steal - the pocket of Mr. C. T. Scott, while he was wal ing up Broadway. He was sent to the Penitentiary for ‘one year. William Waite pleaded guilty to the charge of steal- ig two watches, valued nt $110, the rope of Israel . Rauth, of No. 691 Eighth avenue, o years in the State Prison. COURT CALENDARS—THIS DAY. Scrreus Court—Cuamaxrs—Hold by Judge Bar- retti.—Nos, 86, 94, 102, 182, 144, 157, 177, 185, 186, 199, Call from No. 218 up to and including 268. Vout Nos 147 Tn tae Boe Mat, aa, eae ian ‘orst.—Nos. 147, % 1 185, 141, 142, 143,148, 281, 114, 115, 283, 67,26, 76, raya arya 1, 114, 61, 26, 76, 38, Surkeme Court—Crracuit—Part 1—Held by Judge Donobue.—Spbort causes.—Nos, 3765, 8353, 3859, 2865, 4261, 4263, 4455, 4107, 4161, 3989, 4403. Part 2—Held by Judge Lawrence.—short causes.—Nos. 1756, 3953, ie st kde ah eee , 4160, Fi , dave! 4482, Pat'3—Held. by Judge. Van firast.—"Short causes. —Nos, 2240, 3395, 3185, 1571, 5642, 4279, 4003, 4021, 8209, 4031, 4095, 4295, 4219, 4145, 3619, 2460, 4405. Surremx Court—Gexerat TeRM—Adjourned sine die. Sorenion Court—GexeRaL TeRM.—Adjourned sine die, Sorzrion Covrt—Srrouat Trexm—Held by Judge Sedgwick.—Nos. 52, 54, 56, 18, 26, 28. Sursrion Covrt—TriaL Texrm—Part 1—Held by Judge Spetr.—Nos. 1063, 317, 402, 405, 477, 312, 179, , 687, 204, 65, 375, 456, 475, 446, O31. 486, 755, 756, 757, 758, 759, Judge Freedman.—Nos, 347, 634, 636, 637, 572, 573, 743, 744, 763, 766, 767, 768, 770, 71, 772, | 774, ii 776, 777, 778, 779, 780, 782, 784, 785, Part 3—Held by Judge Curtis. —Nos. 655, 786, 787, 788, 789, 790, 790, 791, 792, 794, 795, 796, 797, 798, 799, 800 36, 801, 802, 803, 805, 804, 806, 807, 808, 809, 810, 811, 813, 814, 815, 818, 819, 820, 82034, 821. wu 1 ‘sRM.—Adjourned until Commox PLKxas—Gew first Monday of March. Common PLeas—Kquity Tenm—Held by Judge Robin- son.—No day calendar, Common Pieas—-TriaL TeRw—Part 1—Hoid by vudge veut pore Ne 868, 1004, 9, 1, ,' 352, 940, 945, 284, 1 PLgas—TRiaL TeRM—Part Larremore,—Nos, 1072, 996, 1131, 1 . 1159, 1197, 659, 560, 1001, 175, 516, 1454, 789, 1126, 1090, 786, 699, 1093, 1136, 497. Common PLeas—Triat Temm—Part 3—held by Judge , ), 493, 12 ot 1458, 1256, 1257,” ‘ re i Marine Court—TRIAL Term—Part 1—Held by Juage Aiisr, sobE panacea 1621, 6983, 8644, 7332, 7315, | udge 1065, 143, 9069, 26, 6985, 7578, 8612, bo 8369, 9086, M, ‘RIAL TenM—Part 2—Held by Judge Goepp,—Nos. 8552, 9082, 9083, 6014, 8904, 8720, 7668, 7642, 9600, 8937, 9085, 9108, 8376, 7751, 9071. Marine Court—TxiaL Txrm—Part 3—Held by Judge Sinnott.—Short causes,—Nos, 9001. 8872, 8883, 7453, 9084, 8814, 8395, 9109, 9114, 8863, 8386, 8340, 8368, 8992, 7904, 9107, 9122, 0123, 7497, 131, TWICE IN JEOPARDY, Mr. Mackay, landlord of a vacant store on Fulton street, Brooklyn, a few weexs since was called upon by a very gentlemanly appearing individual, named Henry M. De Meires, who stated that he wished to hire the store, He was told by Mr. Mackay that the rent of the premises was $75 per month. He was satisfied with the price, and handed Mr. Mackay a check for $160 to pay him $75. Tha check was on a Newark (N. J.) bank, and purported to have been drawn by one Henry Pell. After being assured tbat the check was all right Mr. Mackay gave De Meires $75 change. it 1s alleged that De Meires did not return to take the place und that the check was worthless, De M was arrested, and on the 12tb of January last indicted for forgery in the third degree. His trial took place on the 25th of Jan- uary, and the accused was acquitted, but upon the direction of Judge Moore, of the Kings County Court of Sessions, before whom the case came up, De Moires sont back to jail and was held to await the action of tho Grand Jury on the charge of uttering a {alse token. Yesterduy the accused was taken before Justice Gilbert, in the Kings County Court of Oyer and Terminer, on a writ of habeas corpus, when his counsel moved that the ac- cused be discharged from custody, claiming that as the prisoner had been tried und acquitted the Court below had lost jurisdiction inthe matter, 1t was not right, be said, that his client should be put twice in jeopardy for the same offence, and that forgery in tho ‘third degree and uttering a false token were identical. Decision was reserved by the Court, and the prisoner ‘was remanded to jail. COURT OF APPEALS. Aupaxy, Feb, 8, 1877. In tho Court of Appeals to-day the following business ‘was transacted :— No, 168, Kemp vs. The Knickerbocker lce Com- pany.—Argument rosumed and concluded. No. 8414, The People ox rel, McCunn vs, Kilbourn.— Argued by Samuel Hand for appellant, and 8. 0. Shep- hard and G, L. Stedman Jor respondent. No. 84%. The Peoplo ex rel. ing vs, Tremaip. — Arguea by R. W. Peckbam and Grenville Tremain for appellant, and Abrabam Lansing {or respondent. ‘The following is the day calendar for Friday, Feb. 9, 1877:—Nos, 12, 181, 155, 147, 134, 140, 174 and 175, THE WEBB-M'’LELLAN CASE. The final argument in the case of Hugh McLellan, charged by his former employer, Mr. Webb, with em- bezzlement, was held at the Tombs Police Court yes- terday, before Judge Duily. At the conclusion of the testimony counsel for Mr. McLellan moved to dismiss tho complaint, on the ground of no evidence, and claimed that the proceed- ings had been instigated solely {or the purpose of dam- aging McLetlan’s testimony in the civil suit against Webb, in which he is a witness, In passing upon the motion Judge Duffy said that the evidence against McLellan was very weak, but asa committing magistrate he felt bound to turn the do- fondant over to the Grand Jury. He, therefore, held MeLellan in $1,000 bail, which was promptly furnished, “IT’S MY MISFORTUNE.” Officer Lefferts said, ‘Judge, I was compelled to take her in, but she always acts like a Jady.”” “What time was it?’ said the Judge. “It was nearly twelve o’clock,’’ said the officer. “30 you give your name as Florence Hoffman?” said the Judge. ‘1 wonder that you do so, You have disgraced your own family long enough.’’ , She said, “Op, Judgo, you know my people; be kind.” “When you were living in the Soventeenth ward,” said the Judge, ‘‘you were the pride of your parents and tres 4 your friends. Why don’t you go hack to them? ‘hy don’t you say to yourself, ‘I, Flor- ence! ’??—— The Girl—Oh, spare me. Judge Otterbouarg—Wnhy don’t you say I will goand take tho disgrace off the name of ——? The Girl—Ob, don’t, Judge. Judge Otterbourg—Thero ne chance left for you {tisto work foraliving. Doit, You're discharge a fainted away. Inall her silks and satins, her gaudy ade the inner nature ot the girl showed itself; for she said to Officer Leferts, hy should my poor mother hear of this? 1t’s my misfortune,’’ CLUBBING A POLICEMAN. George Jackson, a young man of twenty years, was arraigned at the Court of Special Sessions yesterday on the charge of being one of a crowd that assaulted Officer Fuchs, of the Twenty-sevonth precinct. ‘The officor, it appedred, went into a saloon at No, 13 West street about a month ago to make an arreet, and while in the act of taking his prisoner out was set upon by six or seven young men, of whom Jackson was one. Tho assailants knocked the officer down and wrenched away his club, with which they pounded him on the head and body im a most crool manner, While prostrate the prisoner kicked him in the face, The policeman was su badly injured that he was con- fined to his bed for tour weeks. Jackson in his own defence admitted having struck the officer, but denied having kicked bim tn the face, He was sentenced to ten months in the Penitentiary. ALLEGED LIBEL ON A PRIEST. Tho editor of a Bohemian weekly newspaper of this city, named J, V. Capek, was yesterday arrested by the Sheriff ona charge of libel, proferred by Rev, A. Vendi Vacula, It is alleged that the libel was published in the Novo Yorske Centennialni Listu. Damages aro laid at $5,000, The libel, as asserted, reads as tol- lows:—‘Father Vacula can’t comprehend why the edi- tor of the Now York Listu docs not let bim have his peace. Ho does not interiere with him, If tho exist- ence of a pricst is materially necessary to some per- sons then we acknowledge his right to exist, buc il ho Christ, He shall then be a spiritual father, bat nota choat, robber, nor an intinidator, nor an illusionist. Are you still asking, Mr. Vacula, why the editor of the New York Listu does not let you have your pence?” Father Vacula denies the statements in this article, and contends that ho hus suffered great injury trom | the insertion while acting as pastor of St. Cyrilius Methodius church for the past yoar. Mr. Capek was released upon \iving bail to the umount of $500, ASSAULTING HIS SON. * Thomas Cusidy, of No, 240 East Fitty-toarth street, who was chargod with striking Dis gon, aged sixteen, on the head wrth a poker, was beld in $1,000 for trial vy Judge Sinith yesterday, The kon Was also held in 1s to bv hero then he shail be a priest as provided by | “CHUCKING DICES.” 4 MAN WITH A CLOCK WHO COULDN'T GE “rick.” His Honor Judge speaks English, French Gorman and Italian; but yet when John Hilder! thé keeper of a beer saleon in Mott street, was brought before him at the Washington Place Police Court he leaned back in his chair, closed bis eyes and calmly resigned himself to his fate. Mr. Hilderbrandt weighed at least 220 pounds and was'possessed of an equally abnormal voice, Myron Whitney, the cbam- pion voluminous basso profundo of the United States, could not aflord any fair comparison with him, and when having begun to explain the case, he rolled it off for twerty minutes like a solo on a big drum. It would be absolutely impossible to give verbatim the statements of both parties to the case, but as noarlyas the Hexaup reporter could translate the complaint aud answer they were as follows :— Mr. Julius Kleic (the complainant)—Judge, I swears hestruck me. It was a match box, Judge, and weighed three pounds, A Hilderbrandt—My got, what a lie. 9 Kleick—I went ito his saloon to have a glass of beer, and wo had several drinks. I paid my share, but he aeked for beat cents mure, and when I said | would not pay be struck me in the face. 1am a respectabio citizen, makes no troubles with any one, and when a man strikes mo on the nose | takes my chances and bits him back. Judge Otterbourg—Weill, you were beateu. Mr. Kleick—Tout’s so, Judge. I was beaten—not in my head or ny face; but he atolo my goo I mends glocks, and he took my tools and my glock that I strikes on the street—a beautiful glock. Mr. Htlderbrandt—That is a blank lie, Judge. There was no works 1n that glock. All us was in 1 was the face ana 4 bell he strikes with his finger. I toll you the whole story, Judge. The Court—(io on. Mr. Hilderbrandt braced himself against the bar and said:—"l was behind my bar when dis man came in; he says, ‘You a North German man? d 1 said *Yes; he said, ‘That's good; I don’t like Platt-Deutsch ;’ then we ind he said, ‘I chuck you dices for them drinks;’ [ say ‘All right,” and we go ahead; pretty soon ho got stuck $1 90, und speaks to me to ‘Put it down;’ I say ‘No, no use; 1 want my monoy;’ and den he says, ‘You big-boadod Bavarian, I send you back to Munchen’ (Munich), and strikes me in the eye; Judge } serves four yoars for this gountry, was shot at Malvern Hill, and { wants the tuil penalty of the law.?” Judge Utterbourg—You shall have it, You struck this man and that will cost you $10. Prisoner, you spot the complainant up for $1 90, and that’s worth 10, Both prisoners—Oh, Judgo, we be the best of friends. Tho Judg ‘ake them away, Finally Judge Otterbourg released both, and as Mr. Kleick, with bis striking clock under bis arm, and Mr, Hilderbrandt went down fhe steps arm in arm = Mc- Evoy, the court messengef, sang, Chucking dices, chucking dices, Oh what a fool I’ve been, A ROGUES’ DIRECTORY. Charles Davis, aged nineteen, of No. 655 Hudson street, who said ho was a brass finisher, was held for trial at the Washington Place Court yesterday for breaking into the residence of Mr. Vincent J. Lawson, of No. 754 Greonwich street, and stealing two coats valued at $6. He was fully identified by a servant named Margaret Livingston and Mr. William Topping, 6 Greenwich stroet. Detective O'Neill, of the Ninth precinct, who arrested him, stated that he was a professional thicf Justice Otterbourg fixed the bail at $2,500, A noted professional sneak thief, who gives tho name of James W. Austin, and says he does not know the number of the house in West Fourteenth street in which he resides, was brought before Justice Otter- bourg yesterday, charged with grand larceny. The complainant was Samuol J. Freeman, clerk for Henry Kloppenberg, proprietor of a coal yard at No. 43 Ninth avenue. Mr. Freeman testified that a woman came into the office and asked him to show her the way the Nintn avenue carsran, While bo was doing so the risoner entered the office by the joor and stole 49 irom the money drawer. Seeing that he was de- tected Austin endeavored to escape through 8 lumber ard 1n the rear, but was pursucd and captured by Mr. ‘reeman, Who handed bim over to Oflicer Vietch, of the Ninth precinct. .A large broad bladed chisel, such as is used by sneak thieves and tll tappers, was found in his possession. He was held for trial in defauit of $1,000 bail. Thomas Shanahan, of No. 541 Greenwich avenae, and Thomas Fielding, No. 97 King street, were yoster- day held for trial by Justice Ottorbourg tor stealing a case of ory goods, valued at $175, from the oxpress wagon of Thomas McCann, in Grand street, near Broad- way. Both the prisoners are ex-convicts. ‘At the Essex Market Court, betore Justice Murray, yesterday, John Murray, aged nineteen years, of No. 182 East Forty-third street, was held for trial for steal. ing two overcoats from Mr. Frank Blab, of No. 204 East Fourth street, William Davis, aged seventeen, ot No, 202 Broome street, and Louls Bessinger, aged sixteen, of No. 113 Eldridge street, were arraigned before Justico Murray esterday. Davis had stolen gold watch chain and locket, value $132, from Mrs. Mary Hi of No. 97 Eldridge street, and pawn tickots for the same were found in Bessinger’s possession. Davis was committed for trial in default of $2,000 bail for grand larceny, and Bessinger, on the complaint of Officer Byrnes, of the ‘Tenth precinct, was held for trial asa participant in the larceny. A BURGLAR’S ADMISSION. On the 6th of February last a burglary was commit- ted at No, 21 Houston street, and $110 worth of jow- elry was stolen belonging to Eliza Van Clot, Frank Plumegin, who says he resides at No, 316 Third ave- Due, was arrested by Officer Dalton of the Twonty-first recinct some time ago as a suspicious character. ‘esterday he admitted being the author of the Hous- ton street robbery and was committed for trial by Judgo Smith, of the Fifty-seveuth street court, The stolen property has mostly been *ccovered, REAL ESTATE. ‘The following sales were effected at the Real Estate Exchange yesterday :— Richard V. Harnett sold, by order of the Sapreme Court, in foreclosure, George 3% Sedgwick, referee, tivo lots each, 25x100.8, on West Eighty-eighth street, south side, 100 fect west of Eleventh avenue, to J. 1. Dillon, for $11,600. E, A. Laurence & Co. sold, by order of the Supreme Court, in foreclosure, E. D. Gale, referee, the bouso with lot 22x94, No. 178 West Fourth strvot, 82.9 tvet east of Sixth avenue, to Manhattan Savings Bank, plaintif, for $5,750. V. K, Stevenson, Jr., sold, by ordor of the Supreme Court, in Joreciosure, Alired McIntyre, reterce, house, with lot 25x¥8.9, on West Thirty-ninth street, south side, 350 feet west of Tenth avonuo, to Charles Riederer tor $8,750. yf Peter F. Meyer sold, by order of the Supremo Coart, in foreclosure, J. P. Ledwith, referee, three lots, each 168x100, on Kast Sixty-sixth strect, north side, 100 fect east of Madison avenue, to Albert A. Kingsland for $5,000 cach. William Kennelly gold, by order of the Court of Common Pieas, in foreclosure, G. H, Fountain, ref- eree, a plot of land, 51x94.10x37x100, on Ninth avenue, cast side, 25.8 fect north of Eighty-third stroct, to plaintiff for $5,600, ‘A. H. Muller & Son sold at public adetion threo lots, each 25x100.5, on West Sixty-second ar 825 feet’ east of Tonth avenue, to Goorge Douglas tor ba rae each. ‘he same auctioneer also sold, by order of the Su- preme Court, in foreclosure, B. 0. ‘Chetwood, roteree, one lot, 25.6x100.8, on East Ninety-tirst street, north side, 200 fect east of Fifth avenue, to plaintif tor $4,150, npler tu tag We neg 12D nt RK. Dickson ngston.. ft. n. and “ patrick to William Kies : ‘Tin stn. 8, 120 fe, of 2d ay., 20x102 2; Kdward Kilpatrick and wife to Silas M. Je 87th at., 00 ft. @, of Bd a ‘T. Ow M tilwel 5100, Cherry st, (No. 2:87) others to Johanna Hi. Jaune Av. D, ws. of 70th st. ne of rth si, Namitel Blume to Robert Goolet 8, BOOT. Hooper and wite 4) Bd. wv. We fey 24. Voxel and wile to Te Bank st... 1, 9., 70 (to, of th ots sonJd. 8 Flint (executor) to John 2d wey 8. 8.201 Mt. w, of Broad win N, Doll to Albertina Doll, 1751. we of 7 of itivington 3 ft. % of Stanton Goorek sty e. 8, 1218 1 8.10; also Mangin wt, Jxtoo, do an fs f 000 BOth ste 8, 100 TG oF ty. Ds Sinyth (retéree) to William H. Gedney 11,200 TAU ots hy REIL e, Of Ath avs, 1NTU Halsey to Soll 8,000 Othe ay ainekie 2,200 117th st, T. H. Lane ings Bank 5,300 Deering, James and wi CE Manhattan sty w. af 10th ays; & years 1,600 Folsom, Heien 8 A, Itoosevel sof TOth st a" ay cae 8,000 F . and wile, ih 9,000 25 bonds to appear, a dieposition being manifested by him to shield Lis father. CONTRITION AND CO UNPLEASANT DOMESTIC SCENES—M48, CALLEN DAR'S VIGIL AT HER BUBBAND'§ DEDSIDE— THE DOCTOR AND THE SEVEN ‘HANDKERCHIEFS, Mr, William £. Callendar's counsel from using @ confession which, she al! tained from her through moral The complaint of Mrs, Callendar, full qtracts from which were published in the Hsraup, jubstantially sets forth shat the written confession in yn of her busband and on the strength of which he was now seeking toobtain a divorce was untrue, and that she only gave iteto him because hehad threat~ ened toubandon and ruin her unless she confeesed, and had promised, on the other hang, that ho would eontinue to live with hor if she ‘gave him this renewed ‘proof of her love’’—the cunfession. Ho now {n his answer reiterates the charges of adultery witn one Dr. Nottingham, and says that on March 4, 1875, ho demandea an explana- tion of her improper conauct, and told her to go on her knees to God and when he camo home that even- ing to open her heart and tell bim all, On his return that evening he retired into a room with her, una they both got down on their knoes, and he prayed to God to help her to tell tho truth. TUE FIRKT CONFESSION. They wero both affected to tears, and thereupon sho contessed to him that she had been very wicked; thas she had beon to ace thy Doctor many times, and that she bad oftou kissed him and had embroiderod and presentod him with certain handkerchiels, On March 11 be called at the Doctor's office and ordered him never to enter his house again and demanded from him the handkerchiefs with which his wile had pre- sented him, The Doctor returned two handkerchiefs to him and gaid there were no more, Ho contradicted tho Doctor, and told bin he know there were seven, The Doctor then rephed that the rest were at his washerwoman’s, and be promised to give them up inaday or two, The Doctor admitted that he had been riding out with Mra, Callendar and said that “ was all ber fault”? thatshe called tor him and he wei out with her, ‘Two days later he cailed again upon the Doctor and demanded the other fivo handkerchiefs, The Doctor bunded him a package, In gaining the street Mr. Colloudar opened the package but found only two, and he returned aod demanded the re- mainder of tue handkerchiels. The Doctor rephed tha¢ was ull his wife had given him; that the rest were his own, on which she haa only worked his initials, Br, Calendar thereupon roturned to his residence and gave the handkerchiets back to his wife, saying that trusting this would be the last of this affair, he tor- gave her. HIS WARNINGS, Ho told her at the same tiino that he would have nothing to do with her if sho ever resumed her rela- ons with that mao, and it she did he would at once commence a suit jor a separation, She promised that she would nover see the nan again. Two weeks later, while on his way irom Passaic to New York, he saw her jy company with the Doctor on board a boat which was <rossing the North River, On tho + day be spoke to her about 1t, when she flew into + rage and threutened to kill him if he spoke about the matter. On April 30, 1875, they attended a sociablo at Passaio (where they then resided) aud s vied 1n a very un- ladylike manner, On the way home he tound fault with her tor her actions und told her that he had ascer- tained that notwithstanding the promises she had made to him, she was sullin the habit of sceipg and writing to the Doctor, After a burst of angor she became penitent and expressed the deepest contrition for her conduct In respect to the Doctor, and begged and implored. him to forgive her. He told her he bad forgiven her once and she had not kept her promises, put was in the habit of sceing the Doctor every day. She denied that her conduct had been any more than indiscreet, KNEELING ALL NIGHT TO CONFRSS. The following day she was very ponitent and spoke many times of having acted improperly, and desired him to forgive her, which ho retused tu do, Two cays after, on Muy 3, 1875, when he awoke early in the morning he found her kneeling at his bedside. She said she had prayed all night aad had waited on ber knees until he should wake up, as sho fas going to tell him all, She then acknowledged that on the days stated in the confession sho had committed the crime, for which she expressed the most extreme penitence and remorse, stating that she had made a solemn vow that she would therealter leada virtuous life. Thit cont yn was wholly unexpetied to him, and he wat enterely overcome by it and replied, ‘Don’t tell ma, go to somebody else; 1 cannot bear it!” She said she would do so, and then herself offered to make a written confossion which could be usea-te enablo him to obtain a divorce without publicity o1 family disgrace, and begged him not to turn ber away from her home and children. The stavemen made 10 ber affidavit that this confession was obtained by any inducement or solicitation or promise on his part was entirely false. On tho contrary, he alleges that it was made by her of hor own volition without his knowing that it was about being made, and entirely from a feeling of remorse for the violation of her marriage vow, On the same day he instructed his counsel to commence a suit against her for a divorce, KPFORTS TO COMPROMISE THM SUIT, On May 4, 1875, she went to New York and dictated the coniession, a copy of avbich is annexed. This was taken by a stenographer from her own lips, and after it was written out she signed it and sworeto in He ‘was not present at the time and had nothing whatever to do with the statemont made by her, the latter being volunteered by her to be used in such divorce suit ag a reparation for tho wine a) had done him, and t¢ avert from the family and ber children and relatives the scandal and disgrace which would follow tho ex: amination of witnesses ina public suit for divorce. Immediately after the confession he moved to the city of New York, where he bas ever since resided. He hag permitted ber to remain im their formor residence and occupy the same up to the prosent timo, and has supported her therein, Atthe time the papers were erved upon her she stated that sho would make no defence; that she knew she was guilty. She continued to express to his motber, father und sister her guilt and contrition and repentance for what she had done, and to urge them to intercede with him to secure his forgiveness, They, believing that she, although guilty of udultery, was itent, urged him strongly and fre- quently to withdi the suit which he, desirous to avoid the disgrace of a divorce, finally consented to on condition that sho would tell her own relatives the truth and go away to them in California or Utica tor a year, Sho was in tears and asked bim to promise to come back to her when the year was up, to which he replied that porbaps time would make a change, but he did not think he would ever live with her agi WHAT DEFEATED THE COMPROMISE. When she next saw him she told him e was not going to give herself away by telling her relatives,’ and she accused him of condoning her offence by bav- ing resumed marital relations during their last inter- ‘This assertion was absotutely ond utterly talse and disclosed such duplicity upen her part that he and his friends abandoned the Idea of compromising the suit for divorce. suit for divorce 1s now in gress, und the confession, by reason of its baving been signed and sworn to by the plaintiff, is important evi- dence to corroborate the testimony of witnesses in re- gard to tho plaintif’s confession to them to the same effect. , Wherefore he demands judgment that hor complaint may be dismissed, with costs. It now rematns to be secn whether the Supreme Court will vacate the injunction restraining him from using the contession. BOARD OF ALDERMEN, _ The regular woekly moeting of the Board of Aldere men was held yesterday afternoon, with Mr. Henry D, Purroy in the chair. ' THIRD DISTRICT COURT HOUSE COMMISSIONERS, A lengthy discussion took place on the majority an@ mingrity reports of the special committee appointed te investigate the charges made against the Commission. ers and architects of the Third District Court House, The points of these two reports have already been pub- lished in the Hxraup, The former condemns these officiais, while the latter holds them entirely blame. less, Alderman Purroy contended that ono of the Commissioners had been guilty of blackmail! in bor. rowing money from the contractors. The speaker also condemned the practice of charging $10 for bills of quantities and threo-quarters of one per cent on the amount of the contract. This practico had been fol. lowed in England, but he (Alderman Purroy) believed that itwas improper and dishonest, The gentleman was Supported in this position by Alder. man Cowing. Adoption of the minority Te port was advocated by Alderman Howland, He argued that nothing whatever had boon prot against tho Commissioners rehitects, and that the attacks mado upon them were simply a piece of black- mail, They were made by persons who had been: dis. appointed because the architects had refused to eertity to their bills for extra work, Then they came forward with charges which were not proved. The loans tiated by Commissioner Porter had been all paid back. After some further debate the majority report was adopted by a vote of 14 to 4, INVESTIGATING THE DOCK DEPARTMENT, Alderman Sbetts presented a resoiution calling the Dock Commissioners to report to the Common Council the names and residences of those employed by the department, the amount of mouey expended in building, repairing, altering and extendiog the wharves, piers and bulkheads ot the city, dredging and cleaning, deepening the water In any slip or busin, and every other work undertaken or performed for the city from the organization of the department in 1873 until toe present time. They are alto jed upon to report the amount of rent or other income received aud the dis position made thereof fr all sources of revenue under the jurisdiction of the department during that time. INORFASING THE BOARD OF APPORTIONMENT, Tho Law Committee reported in favor of the resol tion referred to that body calling upon the Legisiature to pass alaw givingthe Mayor powor to appoints fifth member of tho Board of Apportionment, DEPOSITORIEA FOR CITY REFCSR, Alderman Morris’ resolution providing tot a com you) (OONTINURD ON INTE Pach)